Financial Reforms in Response to the Global Financial Crisis

Transcription

SEVENTH ISLAMIC FINANCIAL STABILITY FORUM
Doha, Qatar – 7 April 2013
Forum Theme
Financial Reforms in Response to the
Global Financial Crisis: Lessons for Islamic
Finance in Ensuring Financial Stability
Paper by:
H.E. Dr Zeti Akhtar Aziz
Governor, Bank Negara Malaysia
Doha, Qatar - 7 April 2013
Forum Theme
Financial Reforms in Response to the
Global Financial Crisis: Lessons for Islamic
Finance in Ensuring Financial Stability
Paper by:
ISLAMIC FINANCIAL SERVICES BOARD
The views expressed in this publication are those of the author(s) and not necessarily
the views of the Islamic Financial Services Board.
The publication is available for download from
the IFSB website (www.ifsb.org)
Islamic Financial Services Board 2013. All rights reserved.
Brief excerpts may be reproduced or translated provided source is cited.
Contact information:
Islamic Financial Services Board
Level 5, Sasana Kijang, Bank Negara Malaysia
No. 2, Jalan Dato’ Onn
50480 Kuala Lumpur, Malaysia
Tel
: + 6 03 9195 1400
Fax
: + 6 03 9195 1405
Email : [email protected]
ISBN: 978-967-5687-22-8
ABOUT THE ISLAMIC FINANCIAL SERVICES BOARD (IFSB)
The IFSB is an international standard-setting organisation which was officially
inaugurated on 3 November 2002 and started operations on 10 March 2003. The
organisation promotes and enhances the soundness and stability of the Islamic financial
services industry by issuing global prudential standards and guiding principles for the
industry, broadly defined to include banking, capital markets and insurance sectors. The
standards prepared by the IFSB follow a lengthy due process as outlined in its
Guidelines and Procedures for the Preparation of Standards/Guidelines, which includes
the issuance of exposure drafts and the holding of workshops and, where necessary,
public hearings. The IFSB also conducts research and coordinates initiatives on
industry-related issues, as well as organises roundtables, seminars and conferences for
regulators and industry stakeholders. Towards this end, the IFSB works closely with
relevant international, regional and national organisations, research/educational
institutions and market players.
For more information about the IFSB, please visit www.ifsb.org.
Lessons for Islamic Finance in Ensuring Financial Stability
FINANCIAL REFORMS IN RESPONSE TO THE GLOBAL
FINANCIAL CRISIS: LESSONS FOR ISLAMIC FINANCE
IN ENSURING FINANCIAL STABILITY
Introduction
It is my honour to be here in Doha to speak at this 7th Islamic Financial Stability Forum
on “Financial Reforms in Response to the Global Financial Crisis: Lessons for Islamic
Finance in Ensuring Financial Stability”. Efforts to implement international regulatory
reforms to strengthen the global financial system are now well under way. Today’s forum
provides us with an opportunity to reflect on these reforms and to discuss the lessons
that can be drawn in our efforts to ensure the resilience of the Islamic financial industry
in this more challenging environment.
Many of the international regulatory reforms have focused on addressing the issues that
have contributed to, or that have amplified, the global financial crisis. They include
structural reforms aimed at strengthening the fundamental link between financial
systems and the real economy – in particular, to protect insured deposits from excessive
risk-taking, over-leverage and unfettered innovation. Leading up to the crisis, banking
institutions took on risks that were not sufficiently captured by the prudential regulatory
frameworks’ oversight systems. The resulting consequences were compounded by the
over-reliance on self-regulation and market discipline to correct distortions, which proved
to be greatly misplaced. In addition, the incentive and value systems had become
excessively preoccupied with short-term gains. In response to these issues, the existing
prudential regulatory framework has been strengthened, notably through the Basel III
reform package and reforms to compensation practices. The reforms have also focused
on addressing gaps in the regulatory framework with the growing significance of nonbank and shadow banking activities. This has also been reinforced by moves to
strengthen the macro-prudential orientation of regulation to complement micro-prudential
supervision in order to manage the risks arising from the interdependencies within the
financial system.
The cross-border dimension of finance has also raised new challenges particularly in the
area of resolution, leading to efforts through the Financial Stability Board to develop
effective resolution regimes to resolve systemically important financial institutions in an
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Financial Reforms in Response to the Global Financial Crisis:
orderly manner. A continuing challenge for the global reform agenda, however, has been
the need to address issues that are national in nature but global in scope for the financial
institutions and markets. This has increased the need for clear mandates and effective
coordination arrangements between national authorities, both within jurisdictions and
across borders.
Regulatory reforms to strengthen the global financial system
With the focus of the advanced economies shifting to achieving a durable recovery,
maintaining the momentum in implementing global regulatory reforms has become more
challenging. Following the financial meltdowns and disruptions experienced during the
recent global financial crisis, the Islamic financial industry has fared relatively well. In fact,
despite the challenging environment during the past six years, Islamic finance has
experienced vibrant growth. Strong performance has been recorded in several countries,
with total Islamic banking assets growing at a compound annual rate of more than 40%.
While there are certainly wide-ranging lessons that Islamic finance can draw from the
global financial crisis, there may also be lessons that Islamic finance can offer in
evolving financial systems that will effectively serve those economies.
The strong performance of Islamic finance has been underpinned by its inherent
strengths. In encouraging business and trade activities that generate fair and legitimate
profit, Islamic finance is subject to an explicit requirement of materiality and validity of
transaction. This requirement ensures the channelling of funds into real business
activities, thus reinforcing the link between financial and productive flows and reducing
the risks associated with highly leveraged activities. The practice of risk-sharing in
Islamic finance also strengthens the incentives for Islamic financial institutions to
conduct the appropriate due diligence, reinforced by high standards of disclosure and
transparency, and more prudent risk management practices. This, in turn, raises the bar
for governance practices in Islamic financial institutions.
These foundations in Islamic finance have also been reinforced by the global efforts to
strengthen the international financial architecture of Islamic finance. The Islamic
Financial Services Board (IFSB), since its establishment in 2002, has been at the
forefront of the international efforts to increase regulatory cooperation and encourage
uniformity of regulatory frameworks and enhanced monitoring of financial risks in the
different jurisdictions in the Islamic financial system. The IFSB has introduced prudential
standards for the Islamic financial services industry – in the areas of capital adequacy,
risk management, corporate governance and Sharīàh governance. The Accounting and
Auditing Organisation for Islamic Financial Institutions has also to date contributed to the
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issuance of more than 80 standards in the areas of Sharīàh, accounting, auditing, ethics
and governance for the international Islamic financial industry.
Following increased liberalisation, the role of Islamic finance is now becoming
significantly more globalised. This trend has resulted in a strengthening of global
financial and economic linkages, particularly among the emerging economies. Total
global asset size of the Islamic financial system has now surpassed the USD1 trillion
threshold. This trend has not only supported domestic demand but has also facilitated
increased trade and investment flows across borders. Increased globalisation and
greater international integration of Islamic finance, however, are associated with
correspondingly higher risks arising from the contagion effects from external
developments. This requires the current framework for regulation and supervision of
Islamic finance to be broadened to address the new challenges that have emerged. In
this respect, lessons can be drawn from the recent international financial reforms to
address the international dimension of finance, both for financial institutions and financial
markets. Equally important is the governance structure and practices for the effective
coordination of efforts to secure financial stability within the national and international
financial systems.
Key dimensions for improved regulation and increased regulatory oversight for
Islamic finance
Let me touch on key dimensions of financial regulation that have been the focus of the
recent global regulatory developments, and which have a particular significance for
Islamic finance. The first aspect relates to the effective implementation of the
international regulatory and supervisory standards and best practices to secure financial
stability while promoting more consistent regulatory and supervisory frameworks across
borders. In Islamic finance, these standards have taken into account the distinct
characteristics and specificities of Islamic finance and the unique combination of risks
associated with Sharīàh-compliant financial business.
Several jurisdictions have already commenced implementation of the cross-sectoral
prudential standards that have been issued by the IFSB. The effective implementation of
these standards in different jurisdictions will also chart the path for greater harmonisation
of prudential standards that promote the soundness and stability of Islamic financial
institutions. A survey conducted by the IFSB in 2011 indicated that nine countries had
implemented the various standards issued by the IFSB, and 18 countries were expected
to implement them within the next five years. The next stage is to ensure consistent
implementation of these standards to obtain greater certainty in the regulatory treatment
of Islamic financial transactions. Greater global cooperation and collaborative action is
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vital to this process by enhancing regulatory harmonisation and promoting the full
adoption of the IFSB’s standards. Full adoption would reduce the opportunity for
regulatory arbitrage arising from cross-sectoral differences and cross-border differences,
including the differences arising from the regulation of the conventional and Islamic
financial sectors.
Fundamental to the application and enforcement of these standards is a clear
understanding and interpretation of the standards across jurisdictions. This needs to be
supported by capacity building to enhance jurisdictional preparedness prior to the
implementation of the standards. Post-implementation, a transparent and credible
assessment process can be developed to assist jurisdictions in evaluating their level of
compliance with the international standards and to make recommendations for
improvements. These developments would, over time, lead to strengthening of the
domestic regulatory framework to bring it into line with the IFSB standards, alongside the
core principles and standards adopted by the Basel Committee, the International
Association of Insurance Supervisors and the International Organization of Securities
Commissions. Indeed, with the growing global significance of Islamic finance,
assessments such as those by the International Monetary Fund–World Bank Financial
Sector Assessment Program (FSAP) would be incomplete without an assessment of the
regulatory and supervisory system for Islamic finance. Going forward, the
implementation of and compliance with the IFSB standards at the national level should
form part of the FSAP assessments.
A second aspect of financial regulation is the importance of the macro-prudential
dimension of regulation in preserving financial stability. New or strengthened mandates
for macro-prudential policies are being established in a growing number of jurisdictions,
with central banks and other financial authorities now being vested with the powers and
tools to manage excesses and imbalances in the financial system. Post-crisis, there has
been greater attention paid to the role of macro-prudential measures as a complement to
micro-surveillance and supervision. This involves the incorporation of horizontal
assessments of risks across institutions, sectors and national borders, including the risks
in asset markets.
The global financial crisis has also demonstrated the need for central banks and other
regulatory authorities to have the means for addressing risks from the shadow banking
system. For some jurisdictions, this segment has grown to be even larger than the
traditional banking sector. While entities in this sector have an important role in
complementing banks and other regulated financial institutions in supplying credit and
liquidity to the economy, their activities, if not adequately regulated, may have a
disruptive impact on the overall financial system. Surveillance and monitoring
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frameworks are therefore being significantly enhanced to better capture the risks and
vulnerabilities emerging from areas beyond the traditional perimeters of regulated
financial institutions and markets. This is of particular importance in the context of
Islamic finance. In this respect, there is a need for heightened surveillance over real
estate and commodity markets. Also important is a greater understanding of the
interrelationships between the financial and the real sector, including the potential for the
second-round effects that are transmitted within and across sectors of the economy.
The third aspect of financial regulation is the role of financial safety nets that would
promote certainty and public confidence, particularly in times of financial stress and
crisis. In addition, there is a need for a comprehensive and effective resolution regime. In
the conventional system, this regime is gaining traction at the global level, including
instituting changes to the legal framework to support the development of the resolution
mechanisms so as to provide timely, effective and cohesive responses to the financial
distress produced during a crisis. Well-developed legal frameworks would also secure
the appropriate protection of depositors, which is critical to preserving confidence in
financial institutions and the system as a whole. In Islamic finance, it is important that
such legal frameworks provide for court recognition and acceptance of Islamic contracts
within the common and civil law systems, with a consistent approach of interpreting the
rights of the contracting parties based on Sharīàh principles. A legal framework that
considers the specificities of Sharīàh contracts would assist in ensuring greater
certainty in the legal and regulatory treatment of Islamic financial transactions.
In Malaysia, a new legal framework for Islamic banking and Takāful will come into force
this year and pave the way for the development of an end-to-end Sharīàh-compliant
regulatory framework for the conduct of Islamic financial institutions. This new framework
clarifies the fundamental requirements of Sharīàh that must be adhered to for the
contractual arrangements between the financial institution and customer to remain
enforceable. The framework also outlines the operational requirements that would
support the effective application of Sharīàh principles in the conduct of Islamic financial
institutions. This is to strengthen their risk management practices to address the distinct
risks beyond the traditional credit, market and liquidity risks, so as also to include
inventory risk, ownership risk and Sharīàh compliance risk. The legislation also provides
for the resolution of Islamic financial institutions to be in line with distinctive elements of
the relevant Islamic contracts, thus improving the legal and procedural aspects for the
orderly resolution of Islamic financial institutions.
The fourth aspect is the increasing importance of the cross-border dimension of financial
regulation. In the world of conventional finance, there has been an unprecedented
intensification of cross-border collaborative efforts in the aftermath of the global financial
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crisis. Supervisory authorities have significantly increased the focus on developing a
more holistic evaluation of risks and vulnerabilities confronting institutions that operate
across borders, resulting in the strengthening of these oversight arrangements to
manage these risks. In Islamic finance, the close linkages with the real economic sector,
including across borders, that are undertaken through the various modes of Islamic
financing contracts can present specific challenges for supervisors wishing to obtain a
complete understanding of the entire risk spectrum. Given the added considerations for
the supervision of risk-taking activities by Islamic financial institutions that are
undertaken across jurisdictions, collaboration among supervisory authorities has to
become an integral part of the overall supervisory framework. Regular engagement
between home and host supervisors to share information and supervisory assessments
is particularly important to ensure effective supervisory oversight as Islamic financial
institutions become more international in their operations.
Such cooperation is already taking place through various informal arrangements. The
growing interconnectedness in the global Islamic financial system, however, will benefit
from having a more structured framework for collaboration among supervisors to
improve the efficiency of the supervisory processes and to allow for early detection of
cross-border transmissions of risk from group-wide activities. The supervisory college
arrangement has, for example, been particularly useful in facilitating better information
flows and coordination between home and host supervisory authorities. Such platforms
can also prove useful in evolving the supervisory framework for cross-border operations
of Islamic financial institutions. The level of cooperation can also be extended to include
arrangements for responding to crisis situations, including those that concern the
resolvability of large and complex Islamic financial institutions.
A strategic platform for constructive dialogue among the regulators of the international
Islamic financial system to discuss the risks and vulnerabilities facing Islamic financial
institutions can also be part of the structured framework for collaboration. Existing
arrangements such as this Islamic Financial Stability Forum can be leveraged upon to
serve as this platform, to facilitate better understanding of emerging developments in the
Islamic financial system and their implications for national and global financial stability.
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Conclusion
Let me conclude my remarks. The effective implementation of the wide-ranging global
financial reform measures remains an important imperative to ensure financial stability.
Despite its resilience during the recent crisis, aspects of these reforms are equally
relevant to Islamic finance so as to avoid the weaknesses that plunged the international
financial system into its deepest crisis in decades. Continuous efforts to advance the
implementation of the reform measures, particularly the prudential standards for the
Islamic financial industry, and to enhance further the rigour of the monitoring and
assessment process would greatly reinforce the foundations for Islamic finance and its
prospects for preserving financial stability. At the same time, by upholding the
fundamental tenets of Sharīàh, the true practice of Islamic finance is exemplified. This,
in turn, resonates with the global call for building stable financial systems that will
achieve their intended purpose of effectively serving the functioning of economies and
the well-being of societies.
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H.E. Dr Zeti Akhtar Aziz was appointed Governor of Bank Negara Malaysia (The Central Bank of Malaysia)
in May 2000. As Governor, she has a key role in monetary policy formulation and implementation, and in
ensuring the stability of the Malaysian financial system. In addition, she has overseen the successful
transformation of the Malaysian financial system into one of the most developed and resilient financial
systems among the emerging economies. In particular, she has been involved in leading the development of
the Financial Sector Blueprint, which charts the direction of Malaysia’s financial sector development over the
next ten years; spearheading the development of Islamic finance, domestically and globally; and
participating in efforts to enhance the contribution of small and medium-size enterprises to the Malaysian
economy. H.E. Dr Zeti is also actively involved in shaping the future of financial cooperation in the Asian
region, and has been an important voice for the emerging economies in the international financial fora.
To strengthen regional integration, H.E. Dr Zeti chaired the Executives' Meeting of the East Asia-Pacific
Central Banks (EMEAP) Taskforce on “Regional Cooperation among Central Banks in Asia”, which was
tasked with drawing up the blueprint for future financial cooperation in the region. She is also Co-chair of the
Financial Stability Board's Regional Consultative Group for Asia, together with the Bank of Korea. H.E. Dr
Zeti is a member of the South East Asian Central Banks (SEACEN) Board of Governors and the Chairman
of the SEACEN Board of Directors. She has also been a member of the Bank for International Settlements
(BIS) Central Bank Governance Group since 2001, and is one of the founding members of the BIS Asian
Consultative Council.
H.E. Dr Zeti has been actively involved in the development of Islamic finance in both the domestic and
international arenas. She chaired the Steering Committee for the establishment of the Islamic Financial
Services Board (IFSB) and served as the IFSB Council Chairman for the 2007 term. She was also Chairman
of the international taskforce on “Islamic Finance and Global Financial Stability” and of the taskforce on
“Liquidity Management”, tasked with developing a mechanism to facilitate cross-border liquidity
management. H.E. Dr Zeti is currently Chairperson of the International Islamic Liquidity Management
Corporation Board Executive Committee. She also served as Chairperson of the Governing Board of the
International Islamic Liquidity Management Corporation (IILM) until 2011. H.E. Dr Zeti has played a leading
role in developing Malaysia as a centre for the origination, distribution and trading of Sukūks under the
Malaysia International Islamic Financial Centre (MIFC) initiative. In 2002, she led a team that launched the
Malaysian global Islamic Sukūk, the world’s first Islamic Sukūk to be issued by a sovereign country.
H.E. Dr Zeti has served as a member of the United Nations General Assembly Commission of Experts on
Reform of the International Monetary and Financial System, a high-level taskforce established to examine
possible reform of the global financial system.
H.E. Dr Zeti received her Bachelor of Economics (Honours) from the University of Malaya and her PhD from
the University of Pennsylvania.
www.ifsb.org

Financial Reforms in Response to the Global Financial Crisis

Transcription

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